KUWAIT
Reported in 2021, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in procurement process
It is reported that the process that manufacturers must undertake to pre-qualify new technologies by the government is lengthy and burdensome and lacks transparency. It is also reported that the often-lengthy procurement process in Kuwait occasionally results in accusations of attempted bribery or the offering of other inducements by bidders.
Coverage Horizontal
Sources
- https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
- https://web.archive.org/web/20230331215014/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
- https://web.archive.org/web/20230802065859/https://kw.usembassy.gov/wp-content/uploads/sites/157/2020-Investment-Climate-Statements.pdf
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KUWAIT
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Kuwait is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
KOREA
Since July 2001, last amended in July 2018
Since April 2006, last amended in July 2016
Since April 2006, last amended in July 2016
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Regulations on Supervision of Specialized Credit Finance Business
Electronic Finance Transaction Act (전자금융감독규정)
Electronic Finance Transaction Act (전자금융감독규정)
Under the Regulation on Supervision of Credit-Specialized Financial Business, electronic commerce firms operating on a cross-border basis have been prevented from either selling in KRW or storing domestic consumers’ credit card information unless they have registered in Korea as a Payment Gateway (PG) supplier or use a local PG company service for KRW-denominated transactions. In the absence of a PG registration (which requires firms to develop Korea-specific payment systems and customer interfaces and to have a local presence in Korea), foreign electronic commerce sites can only process dollar-denominated transactions for which customers enter their credit card information anew each time, which puts them at a competitive disadvantage as compared to local merchants. However, the Electronic Finance Supervisory Regulations do not impose the registration requirement for subsidiary electronic financial business entities which include PG services. It imposes such a requirement only on electronic financial business entities.
Coverage Payment gateway services and e-commerce
Sources
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%A0%84%EC%9E%90%EA%B8%88%EC%9C%B5%EA%B1%B0%EB%9E%98%EB%B2%95
- https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=44455&type=part&key=8
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://www.legaltimes.co.kr/news/articleView.html?idxno=51645
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KOREA
Since March 2004, as amended in March 2016, last amended in June 2022
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Notice of Import Customs Clearance for Express Goods (특송물품 수입통관 사무처리에 관한 고시)
According to Art. 8 of the Notice of Import Customs Clearance for Express Goods, as amended in 2016 to increase the value of the de minimis rule, the de minimis threshold, meaning the minimum value of goods below which customs do not charge duties, is USD 150, which is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). This threshold applies to goods for personal consumption and samples not exceeding USD 150, with an exception for trade with the U.S. and Puerto Rico, where the threshold is USD 200 as per the Korea-US FTA, allowing these goods to be exempt from taxes and duties collected by customs.
Coverage Horizontal
Sources
- https://www.law.go.kr/LSW//admRulLsInfoP.do?chrClsCd=&admRulSeq=2100000195023
- https://www.customs.go.kr/kcs/cm/cntnts/cntntsView.do?mi=2821&cntntsId=819
- https://www.law.go.kr/LSW//admRulInfoP.do?admRulSeq=67682
- https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
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KOREA
N/A
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Domain Name Management Rules
According to Art. 4 of the Domain Name Management Rules set forth by the Korea Internet & Security Agency (KISA), domain name registrants must have a postal address of their place of residence in Korea. In addition, it is reported that a Copy of Company registration in Korea with proof of company address in both English and Korean languages is required for registration and that a Korean-based administrative contact is mandatory.
Coverage Horizontal
KOREA
Since September 2018
Pillar Online sales and transactions |
Sub-pillar Local presence requirements for digital services providers
Act on Promotion of Information and Communications Network Utilization and Information Protection etc (정보통신망 이용촉진 및 정보보호 등에 관한 법률)
According to Art. 32 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, foreign IT service providers without an office in Korea are required to appoint a local agent responsible for ensuring compliance with data privacy regulations.
Coverage IT services
KOREA
Since March 2002, last amended in June 2012
Since December 1992, last amended in December 2021
Since January 1990, last amended in December 2022
Since December 1992, last amended in December 2021
Since January 1990, last amended in December 2022
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Act on the Consumer Protection in Electronic Commerce Transactions etc. - Act No. 10303 (전자상거래 등에서의 소비자보호에 관한 법률)
Regulation of Terms and Conditions Act (계정된 약관의 규제에 관한 법률)
Fair Trade Act (공정거래법)
Regulation of Terms and Conditions Act (계정된 약관의 규제에 관한 법률)
Fair Trade Act (공정거래법)
The Act on Consumer Protection in Electronic Commerce Transactions provides a comprehensive framework for consumer protection that also applies to online transactions. In addition, it is reported that for business-to-business transactions, the Regulation of Terms and Conditions Act and the Fair Trade Act are the main frameworks applied.
Coverage Horizontal
Sources
- https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=225097&ancYd=20201229&ancNo=17799&efYd=20211230&nwJoYnInfo=N&efGubun=Y&chrClsCd=010202&ancYnChk=0#0000
- https://www.law.go.kr/LSW//lsInfoP.do?lsiSeq=225063&ancYd=20201229&ancNo=17799&efYd=20211230&nwJoYnInfo=N&efGubun=Y&chrClsCd=010202&ancYnChk=0#0000
- https://www.law.go.kr/LSW//lsInfoP.do?lsiSeq=224973&ancYd=20201229&ancNo=17799&efYd=20221230&nwJoYnInfo=N&efGubun=Y&chrClsCd=010202&ancYnChk=0#0000
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=kr
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KOREA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Korea has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
KOREA
Since 1999
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Korea has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
KOREA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Korea has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
KOREA
Since June 1961, last amended in October 2021
Since March 2001, as amended in May 2010, last amended in July 2022
Since March 2001, as amended in May 2010, last amended in July 2022
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Product screening and additional testing requirements
National Intelligence Service Korea Act (국가정보원법)
Electronic Government Act (전자정부법)
Electronic Government Act (전자정부법)
Pursuant to Art. 4 of the National Intelligence Service Korea Act and Art. 56 of the Electronic Government Act, the National Intelligence Service (NIS) imposes security verification requirements on network equipment and cyber-security software in government procurement. Generally, they may satisfy the requirement by showing that the products are certified at a Common Criteria Recognition Arrangement (CCRA) accredited lab outside of Korea. However, certain network equipment must undergo an additional security verification process. Furthermore, the Common Criteria (CC) certification may not be sufficient for two reasons. First, NIS may substitute the CC certification with other certification mechanisms that were internally developed (e.g., GS Certification). Second, NIS may reject a CC certification when it deems that the certification does not cover particular functions of the product that the government entity needs.
Coverage Network equipment and cyber-security software
Sources
- https://www.nis.go.kr:4016/AF/1_7_2_1.do
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EA%B5%AD%EA%B0%80%EC%A0%95%EB%B3%B4%EC%9B%90%EB%B2%95/(17646,20201215)
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%A0%84%EC%9E%90%EC%A0%95%EB%B6%80%EB%B2%95
- https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=33396&type=part&key=4
- https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=45844&type=part&key=4
- https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
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KOREA
Since March 2001, as amended in May 2010, last amended in July 2022
Since August 2017
Since August 2017
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Restrictions on encryption standards
Electronic Government Act (전자정부법)
Encryption Modules Implementation Guideline (암호모듈 구현 지침)
Encryption Modules Implementation Guideline (암호모듈 구현 지침)
If software systems or hardware equipment such as virtual private networks and firewall systems deal with non-confidential yet important information and are to be used in the government, they must pass verification for appropriate encryption modules under the auspices of the National Intelligence Service (NIS). Appropriate encryption standards are developed in Korea, such as ARIA, SEED, LEA, and Hight. The suppliers need to submit the source code of their products to receive the verification test. The same encryption standards also apply to certain network equipment such as VPN and SW USB series.
Coverage Software, network equipment, and other hardware equipment
KOREA
Since December 1984, as amended in April 2015, last amended in June 2022
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Telecommunications Business Act (전기통신사업법)
The amendment of the Telecommunications Business Act by Act no. 12761 on 15 October 2014 included Art. 22-3. According to Art. 22-3, value-added telecommunication service providers, encompassing all online hosts of applications and content, must implement technical measures as outlined in the Presidential Decree to counteract the dissemination of explicit materials.
Coverage Internet hosting services
Sources
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%A0%84%EA%B8%B0%ED%86%B5%EC%8B%A0%EC%82%AC%EC%97%85%EB%B2%95
- https://elaw.klri.re.kr/eng_service/lawView.do?hseq=50189&lang=ENG
- https://web.archive.org/web/20241213213057/https://wilmap.stanford.edu/entries/telecommunications-business-act-last-amended-act-no-12761-october-15-2014-english-version
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KOREA
Since November 1987, as amended in December 2009, last amended in December 2021
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Act on the Promotion of Newspapers, Etc. (신문 등의 진흥에 관한 법률)
Under Art. 13 of the Act on the Promotion of Newspapers, a person who is not a national of Korea shall not be qualified as a publisher or editor of an online newspaper or as a news article layout manager of an online news service. This requirement has been in place since 2009.
Coverage Online newspapers
KOREA
Since January 2005
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Act on the Protection, Use, etc. of Location Information (Act No. 7372 of 27 January 2005) (위치정보의보호및이용등에관한법률)
Per Art. 5 of the Location Information Use and Protection Act, any person who intends to engage in location information business shall obtain permission from the Korea Communications Commission. According to Art. 18 of the Act, even if permitted to do such business, location information providers or location-based service providers cannot collect location information of individuals without individuals' consent. It is reported that, although a supplier may export location information once acquiring a permit, Korea has never approved such a permit despite numerous applications by foreign suppliers over the past decade.
Coverage Location-based services
Sources
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%9C%84%EC%B9%98%EC%A0%95%EB%B3%B4%EC%9D%98%EB%B3%B4%ED%98%B8%EB%B0%8F%EC%9D%B4%EC%9A%A9%EB%93%B1%EC%97%90%EA%B4%80%ED%95%9C%EB%B2%95%EB%A5%A0
- https://elaw.klri.re.kr/eng_service/lawView.do?hseq=43349&lang=ENG
- https://web.archive.org/web/20240407155542/https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
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